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Workshop 3: Legal Barriers andMyth BustingSally Collier – Executive Director, Policy and Capability, Cabinet OfficeRoger Bickerstaff – Partner, Bird and Bird9th March 2012 1 UNCLASSIFIED
The Top 10 – Myth or Poor Practice?1. I can’t talk to you unless I talk to every SME and every other supplier because thisdemonstrates bias and is illegal.2. We procured this contract of this size last time and it worked so we’ll procure itagain this time.3. I must assess your financial and technical capability because that is what the rulessay.4. I must ensure you are financially viable by way of assessing how high your turnoveris in relation to my contract value.5. I should assess whether you are financially viable by asking for your three years’ ofaudited accounts.6. You can demonstrate whether you can fulfil my contract by telling me how manypeople you employ today.7. I’ll make sure as early as possible that you have sufficient insurance coverage inplace and that you can have a financial guarantee by a bank before I award you anyactual work.8. I’ll ask for three case studies of previous public sector work to make sure you can doit.9. I am letting a prime contract – it is for them to sort out their supply chain.10. If I can just get this tender out before Easter/Xmas we’ll meet our deadline. 2 UNCLASSIFIED